Original language

English

Country
United Kingdom
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Court of Appeal
Seat of court
London
Reference number
[2011] EWCA Crim 1339
Tagging
Evidence, Licences, Permits, Jurisdiction, Inspections, Property, Criminal, Liability, Remedies, Standing
Free tags
Waste & hazardous substances
Justice(s)
Pitchford.
Abstract
In the present case the Court of Appeal considered various matters of statutory interpretation and criminal procedure in relation to convictions for depositing waste without a licence. In particular, the Court considered the disapplication of the requirement in section 33(1) EPA 1990 for a waste management licence; whether it was unfair to permit the indictment to plead a course of conduct; whether provision of a summary of the prosecution case to witnesses for the Crown had such an effect on proceedings that the verdicts should be treated as unsafe; excessive and improper intervention by the judge; and procedural points in relation to imposition of fines and a restraint order and costs.